Appendix 8 Derry City and Strabane District Council Planning

Appendix 8

Derry City and Strabane District Council Planning Committee Report

COMMITTEE DATE: 29 November 2017

APPLICATION No: LA11/2017/0130/F

APPLICATION TYPE: Full

PROPOSAL: Proposed retention of 225Kw wind turbine as installed, with a 30M tower and 29M Rotor Diameter and associated switch room in substitution of previous approval J/2011/0358/F for a 250Kw wind turbine with 30M tower and 30M Rotor Diameter

LOCATION: Approximately 380M North West of 35 Garvetagh Road, Garvetagh, Castlederg accessing onto Silverhill Road

APPLICANT: BR Energy Ltd, 23 Strahulter Road, Newtownstewart BT78 4ED

AGENT: McKernaghan Architectural Service Ltd, 82 Ecclesville Road, Fintona

ADVERTISEMENT: 16/2/2017

STATUTORY EXPIRY: 2/3/2017

RECOMMENDATION: Approve

REASON FOR PRESENTATION TO COMMITTEE: Wind turbine

All planning application forms, drawings, letters etc. relating to this planning application are available to view on www.planningni.gov.uk

1. Description of Proposed Development Proposed retention of 225Kw wind turbine as installed, with a 30M tower and 29M Rotor Diameter and associated switch room in substitution of previous approval J/2011/0358 for a 250Kw wind turbine with 30M tower and 30M Rotor Diameter.

2. EIA Determination The proposed development is within the scope of Schedule 2 - 3 (J) of the Planning (Environmental Impact Assessment) Regulations (NI) 2015 as the hub height of the proposed turbine exceeds 15 metres. Consequently, an environmental determination was carried out and the Council determined that the planning application did not need to be accompanied by an Environmental Statement.

3. Site and Surrounding Area The site is located in the north western corner of a field approx. 410m back from the public road. The site has no defined boundaries and is accessed via an existing concrete farm lane. The site lies in LCA 20 Derg Valley which is located in the open countryside outside the development limits of any settlement defined in the Strabane Area Plan 1986 – 2001. Appendix 8

The site is not located within an Area of Outstanding Natural Beauty. However, assessment of the visual impact of wind energy development is not restricted to designated landscapes. Policy RE1 states that the supplementary planning guidance 'Wind Energy Development in Northern Ireland’s Landscape’s' will be taken into account in assessing all wind turbine proposals. Each landscape has a different capacity for accommodating wind energy development.

The area generally is of rolling fields with modest boundaries.

Figure 1: Site location map Figure 2: Wind turbine

4. Site Constraints There are no site specific constraints.

5. Neighbour Notification Report There are no neighbours or occupied premises within 250 metres.

Appendix 8

6. Relevant Site History

Figure 2: Local wind turbine planning history

J/2010/0452/F Proposed 225 KW Wind Turbine (Hub Height 31m) to serve dwelling & farm with spillage to grid 350m West of 35 Garvetagh Road, Castlederg. Permission refused 28.03.2011 due to unacceptable visual impact.

J/2011/0358/F Proposed 250kw wind turbine, height of 30m to generate electricity for export to the grid on lands approx 825m SW of 32 Silverhill Road, , Garvetagh, Castlederg. Approved 4 September 2012. The permission expired on 4th September 2017 without being implemented and the current application is in substitution of this permitted turbine.

J/2013/0086/F Proposed 225kw wind turbine (hub height 30m) to serve dwelling and farm with spillage to grid on lands 250m West of 35 Garvetagh Road, Castlederg. Refused permission 15 April 2016 as it had not been demonstrated that noise would not detrimentally impact residential amenity. An appeal to the Planning Appeals Commission was withdrawn 13 December 2016.

J/2014/0325/F 40m hub wind turbine approx 825m SW of 32 Silverhill Road, Garvetagh, Castlederg. Permission refused 23.11.2015 due to unacceptable visual impact and noise.

7. Policy Framework  The Strabane Area Plan 1986-2001  Regional Development Strategy for Northern Ireland  Strategic Planning Policy Statement for Northern Ireland Appendix 8

 PPS 21: Sustainable Development in the Countryside, Policy CTY1  Planning Policy Statement 18: Renewable Energy, Policy RE 1-Renewable Energy Development  The Best Practice Guidance to PPS 18 - Renewable Energy  Supplementary Guidance “Wind Energy Development in Northern Ireland’s Landscapes”  Planning Policy Statement 3 : Access, Movement and Parking

8. Consultee Responses

 Environmental Health assessed the noise report that accompanied this application and found the noise from the wind turbine will not breach the ETSU-R-97 noise limits at local receptors. They provided 7 conditions dealing with the "construction" and monitoring of noise output.

 Belfast International Airport advised that the proposal does not conflict with airport safeguarding criteria but advised that the turbine should have a red warning light.

 City of Derry Airport - no objections

 National Air Traffic Services - no safeguarding objections

 Civil Aviation Authority -no objection

 Transportni - no objections

 Arqiva Services Ltd had no objection

 Offcom - no objection

 UK Crown bodies LMS - No objection

 UK Crown bodies DIO Safeguarding - no objection.

9. Representations No letters of support or objection have been received.

10. Planning Assessment, including Other Material Considerations Section 6 (4) of The Planning Act (Northern Ireland) 2011 requires the Council to make planning decisions in accordance with the local development plan, unless material considerations indicate otherwise. The site lies in the open countryside outside the development limits of any settlement defined in the Strabane Area Plan 1986 – 2001. The site is not located within an Area of Outstanding Natural Beauty.

The SPPS and Policy RE 1 of PPS 18 are both supportive of projects for renewable energy provided they will not result in any unacceptable adverse impacts with regards to the following criteria: Appendix 8

Public safety, human health, or residential amenity

It is unlikely the development will pose a public safety issue. The applicant has submitted a noise impact assessment with regards to potential noise levels associated with the development and impact on nearby residential properties. Environmental Health are satisfied that the turbine will not cause unreasonable disturbance subject to the conditions as set out in section 12. No third party objections have been received to date. It is therefore considered that the development will not have an unacceptable adverse impact upon the residential amenity of nearby properties in terms of noise.

The application was accompanied by a statement from the developer on the potential for shadow flicker on receptors in the area and concluded that the affected area would be 10 times the rotor diameter of the wind turbine for 130 degrees either side of north. The rotor diameter is 29.0m therefore the affected area would be 290m. There are no dwellings within that area (see figure 3 below).

Figure 3: Shadow Flicker Diagram. There are no impacted properties within the hatched area.

Visual amenity and landscape character The site is located in the southern section of LCA 20 Derg Valley as identified in the document Wind Energy Development in Northern Ireland’s Landscapes. The supplementary guidance identifies LCA 20 Derg Valley as having an overall high to medium sensitivity. It describes the local landform as broad valley enclosed by an undulating landscape of rounded hills which provide important skylines. The majority of these hills have a relatively low elevation and some have a distinctive form providing local landmarks. It states that the height of the hills are likely to be a key constraint on turbine size, as many turbines would be out of scale with these low hills. The location, siting, layout and design considerations recommend that care is taken to avoid adverse impacts upon locally important skylines and it is also recommended that turbine development Appendix 8

reflects the relatively low elevation of the hills in this LCA and the presence of small landscape features.

This is a retrospective application to retain a wind turbine as constructed. As a consequence the visual impact of this development is readily apparent. Whilst the Derg Valley LCA is characterised as having a medium to high sensitivity to wind energy development, in this case the application substitutes the approved position of the turbine with a location 130m to the southwest. Whilst the location approved under J/2011/0358/F is downslope of the location where the turbine has been erected, the erected turbine is located a sufficient distance from the crest of the hill that it does not dominate its landscape setting nor does it appear out of scale in this location. The size of the erected turbine reflects that of the previously approved turbine; the erected turbine is 30m to hub with reduced blade diameter of 29m. It is considered therefore that visual impact of this development is similar to than that of the approved wind turbine (J/2011/0358/F) (see figures 4, 5 and 6) and the scale of the turbine reflects the low elevation of Garvetagh Hill. The visual impact of the turbine has been also been assessed from a number of viewpoints as shown in figures 4, 5 and 6 and is considered acceptable.

There are a number of consented single wind turbines and wind farms in the wider area, at distances ranging from 1.76km to 4.5km from the application site. At these distances they are considered to be sufficiently distant from the application turbine that cumulative visual impact is not considered to be an issue.

Figure 4: View of the turbine 700m south-east at 43 Garvetagh Road

Biodiversity, nature conservation or built heritage interests The site is located in the middle of an upland field in rough grazing and exceeds the 50m separation distance to any boundary; this being the distance suggested by NIEA as sufficient to ensure no impact on foraging bats. In considering the 2011 application NIEA visited the site and confirmed that the linear features against to the site are unsubstantial and have poor potential to be used by bats. Furthermore, the developer has submitted a plan to demonstrate that with the hub height of the turbine at 31m and the length of the rotor blade at 14.5m, the turbine would be located more than the required distance from any hedge line that foraging bats may use. No issue with wildlife habitat is anticipated in this area. There are no designated ancient monuments or listed buildings in this area. Appendix 8

The site is in an arable field and there will therefore be no bog burst or landslip.

Figure 5: View of the turbine from 945m north-east at access with road

Figure 6: View of the turbine from 1.45 kilometres south-east at 2 Lisleen Road

Access Arrangements The site is on private land to which the public have no access. No new infrastructure was needed to create a new access to serve this proposal, as the lane is existing and the development will not restrict the ability of local farmers to access land for farming purposes.

Electromagnetic Interference Consultation has been carried out with regards to the impact of the turbine on communications installations, telecommunications equipment, as well as aviation and defence authorities. No objections have been raised. Appendix 8

11. Conclusion and Recommendation Having considered the proposal against the policy and all material considerations, there are no environmental or planning reasons to refuse permission. Approval is therefore recommended.

12. Proposed Conditions 1. This approval commences from the date of this approval notice and is granted under Section 55 of the Planning Act (Northern Ireland) 2011.

REASON: Retrospective application.

2. The permission shall be for a limited period expiring 25 years from the date on which electricity from the wind turbine is connected to the grid. Within 12 months of the cessation of electricity generation at the site, or upon the expiration of this permission whichever is sooner, all structures and access tracks shall be removed and the land restored in accordance with a scheme to be submitted to and approved by the Council prior to the commencement of any development, or in accordance with any variation to the scheme subsequently agreed in writing by the Council.

REASON: To maintain the landscape quality of the area.

3. The level of noise emissions from the wind turbine (including the application of any tonal penalty when calculated in accordance with the procedures described on pages 104 - 109 of ETSU- R-97) shall not exceed the ‘wind shear corrected predicted noise levels’ set out in Tables 9 & 11 of the Grainger Acoustics ‘Acoustic Report’ received by the Planning Department on the 21st February 2017. Noise limits for any dwellings which lawfully exist or have planning permission for construction at the date of this consent but are not listed in the tables above shall be represented by the ‘wind shear corrected predicted noise levels’ for the physically closest location (35 Garvetagh Road) unless otherwise agreed by Derry City and Strabane District Council.